Gardner v. Germain

Otis, Justice.

Plaintiff appeals from an order denying his motion for judgment n. o. v. or a new trial in an action for the death by wrongful act of James H. Gardner, an 8-year-old child. At the time of the accident decedent lived in Stillwater next to Highway No. 95 where it runs along the St. Croix River. On Sunday, May 10, 1959, he and three brothers came up an embankment to cross the road on their return home from a hike to the river. An older boy had escorted two of the children across the highway and had left James and a younger brother át a guardrail with the intention of returning in a…